Cobb, Christy & Co. v. Illinois Central Railroad

Citations

• 88 Ill. 394

Syllabus

<p>1. Sale—whether properly in the thing passes, so as to give a right of action. Where corn is shipped by railroad for a purchaser, a bill of lading forwarded to him, and a draft drawn on him for the price, which is paid, the title to the grain will, ipso facto, be transferred to and vested in such purchaser, but the acceptance and payment of drafts drawn on general account, without reference to any particular lot forwarded, will not pass the title.</p> <p>2. Where a party buys grain in his own name, for which he is responsible, and ships the same -to another, who advances or pays no money on the same, but who accepts and pays drafts drawn on general account, the latter will not have such a property in the grain, either general or special, as to give him a right to maintain an action against the carrier for damages resulting from a delay in transportation, especially when it is provided by contract that the grain must first pass inspection.</p> <p>3. Pleading and evidence—proof required under general issue. Under the general issue in assumpsit against a carrier to recover damages for a delay in the transportation of grain, the plaintiff must show, by a clear preponderance of evidence, a right to recover. If he fails to show any property in the grain, this will be decisive against him, without reference to any errors as to the other material facts of the case.</p> <p>4. Carrier—liability for delay in transportation. Where a railway company refused to furnish cars for the transportation of grain to Cairo during t.he war, on account of the large accumulation of cars on its track at that point waiting to be unloaded, and finally furnished cars upon the promise of the shipper to unload the same, which was not done either by him or the consignee, but refused, it was held, in a suit against the company to recover damages for delay in transporting the grain, the jury were justified in finding for the defendant.</p>